Rights of Way

G_M

Lurkingtoposting17 wrote: »

Thanks G_M you are fast becoming my MSE Expert
Before posting here I did some due dilligence on this and the thing that strikes me as strange, is the ROW really doesn't list a lot in my title deed? Examples I have seen have conditions and state who can use the path, the wording on mine however just says "The land in blue is subject to rights of way"
Could this therefore be a public right of way?! As it does not state who the beneficiary of such a right of way would be?

The Title document will not typically provide the full details. It will give a brief resume (ie a ROW exists) and usually also refer to the document in which the ROW was created. You then have to read that document for the full details.

In my post above, I suggested creation of a Deed which all the neighbours (or whoever) would sign.

That Deed would then be lodged with the LR (well, a copy) and the Titles of the relevant properties would then have a reference to the Deed added so that future enquirers would know to go look at the Deed.

In your Title, where the it says: "The land in blue is subject to rights of way" does it then say "more particularly described in a Conveyance/Deed dated xx/yy/zzzz" or similar?

That's what you need to find and read. If it also says "copy filed", the the LR has a copy of that document that you can obtain (by post) for £7 using form OP2.

Mojisola

Lurkingtoposting17 wrote: »

When I visited the property, the vendor stated that I had to allow access through my garden to the neighbour if they needed it for bins etc.

I didn't realise this was a legally binding access route, and the implications of that.

The row of terraces is only 4, so my understanding is the other end gives access to the other properties garden, through their garden, if it is required.

I now have concerns that perhaps, there is a PUBLIC right of way, not just access for the neighbour.

If the ROW allows access to your neighbour's garden through your garden, it's extremely unlikely that it would be a public ROW.

However, it's also very unlikely that it would be restricted to, say, moving bins occasionally. A ROW usually allows access to anyone who wants or needs to visit your neighbour.

Your neighbour could stop using their front door and have everyone coming to the house use the path through your garden. You can put up gates but can't restrict the path's use by having locks on them and the neighbours and their visitors aren't legally obliged to close them (important if you have dogs or children).

Lurkingtoposting17

G_M wrote: »

In your Title, where the it says: "The land in blue is subject to rights of way" does it then say "more particularly described in a Conveyance/Deed dated xx/yy/zzzz" or similar?

That's what you need to find and read. If it also says "copy filed", the the LR has a copy of that document that you can obtain (by post) for £7 using form OP2.

Yeah, that's the thing. It doesn't reference anything else at all... That is literally the whole statement on the matter! Every example I've seen online seems to state more than that, referencing another document etc. But that one line, is all the information I have.

With regards to it not being a public right of way, the four terraces then back on to farm land... I haven't actually walked to the end of the terrace to see if you can walk onto the fields from there (I don't think you can, as its forest woodland/orchards) mostly. There is a path at the front of the house, so not sure why anyone would want to walk across 4 back gardens, if they could use the path at the front... but I am now worried that this is entirely possible!

Mojisola

Lurkingtoposting17 wrote: »

Yeah, that's the thing. It doesn't reference anything else at all... That is literally the whole statement on the matter! Every example I've seen online seems to state more than that, referencing another document etc. But that one line, is all the information I have.

There may be more information on the deeds of the dominant tenancy, setting out how and when they can use the path and possibly how wide the path should be.

Lurkingtoposting17

Mojisola wrote: »

There may be more information on the deeds of the dominant tenancy, setting out how and when they can use the path and possibly how wide the path should be.

I've now sent my conveyancer a note asking them to obtain this document to see if it is more enlightening than mine

Mojisola

Lurkingtoposting17 wrote: »

Ps. It says there "f the right of way is obstructed then you may divert along another route provided that the diversion remains on land belonging to the servient tenement (otherwise you would be trespassing on a third party's land);"

Surely that means if I obstruct the right of way, but provide an alternative through my land (e.g. via another path) then I am not in breach of the ROW?

That's unusual but does sound as if you can move the ROW without much of the normal hassle.

G_M

Lurkingtoposting17 wrote: »

Yeah, that's the thing. It doesn't reference anything else at all... That is literally the whole statement on the matter! Every example I've seen online seems to state more than that, referencing another document etc. But that one line, is all the information I have.

With regards to it not being a public right of way, the four terraces then back on to farm land... I haven't actually walked to the end of the terrace to see if you can walk onto the fields from there (I don't think you can, as its forest woodland/orchards) mostly. There is a path at the front of the house, so not sure why anyone would want to walk across 4 back gardens, if they could use the path at the front... but I am now worried that this is entirely possible!

Hmmm...

Take a look at the rear. Quite possible there is a public ROW across the fields. Remember, just because it now looks like private land does not mean it always was. The ROW might pre-date the current use of the fields. And "woodland/orchards" could easily have a public ROW through them.

The existance of another path (that might have beeen created more recently) does not negate an historic ROW - just makes it less likely that the public will use your ROW.

Try looking at large-scale Ordnance Survey map for a public footpath. (or do I mean small-scale? - never know which is which!)

Also worth looking at the neighbour's Title document to see if that has any reference (£3 from LR).

Or search via the council Planning dept.

Lurkingtoposting17

That not in my LR document, that is in the link you posted

Mojisola

Mojisola wrote: »

That's unusual but does sound as if you can move the ROW without much of the normal hassle.

Lurkingtoposting17 wrote: »

That not in my LR document, that is in the link you posted

Sorry - thought you were quoting your deeds.

As others have said, you can divert the ROW but it has to be with the agreement of the neighbours and you will have to pay all the related costs.